CONTENTS
Standing Committee on Intergovernmental
Affairs and Justice
Bill No. 33 The Credit Union Amendment Act, 2025
Bill No. 47 The Response to Illicit Drugs Act
Bill No. 45 The Co‑operatives Consequential
Amendments Act, 2025
Bill No. 44 The Co‑operatives Act, 2025/Loi
de 2025 sur les coopιratives
Justice and Attorney General Vote 3
Parks, Culture and Sport Vote 27
Supplementary Estimates No. 2
Justice and Attorney General Vote 3
Parks, Culture and Sport Vote 27

THIRTIETH
LEGISLATURE
of
the
Legislative Assembly of Saskatchewan
STANDING
COMMITTEE ON
INTERGOVERNMENTAL AFFAIRS AND JUSTICE
Hansard Verbatim Report
No.
14 Wednesday, April 22, 2026
Chair
B. McLeod: Welcome to the Standing Committee on
Intergovernmental Affairs and Justice. My name is Blaine McLeod. Ill be the
Chair for this meeting today. And with us today is MLA [Member of the
Legislative Assembly] Brad Crassweller, MLA Jamie Martens, and MLA Megan
Patterson on my right. And on my left we have MLA Nicole Sarauer who is
substituting for Leroy Laliberte today; and also with us, MLA Jacqueline Roy.
And thank you and welcome to this committee meeting today.
Today we are considering four bills, and
afterwards we will be voting on the committee resolutions.
Clause 1
Chair
B. McLeod: Well first consider Bill No. 33,
The Credit Union Amendment Act, 2025 beginning with the consideration of
clause 1, short title. Now, Minister McLeod, welcome. You are here with your
officials, and I ask that the officials
would introduce themselves before they speak for the first time. And as always,
do not touch the microphones. The Hansard operator will turn them on for
you when you speak.
Minister,
please introduce your officials and make your opening comments, please.
Hon. Tim
McLeod: Well thank
you and good afternoon, Mr. Chair, and committee members. Joining me at the
table to my far left, we have Cory Peters, the executive director, consumer
credit division at the FCAA [Financial and Consumer Affairs Authority of
Saskatchewan]. To my immediate left, Haley Irwin, legal counsel with the FCAA.
And to my right, Darca Tkach, the Crown counsel, legislative services, Ministry
of Justice and Attorney General.
Mr. Chair, I
am pleased to offer some opening remarks for Bill No. 33, The Credit
Union Amendment Act, 2025. This is a bill that will modernize certain
portions of The Credit Union Act of 1998. In both 2020 and 2023, the
Canadian Credit Union Association consulted the CEOs [chief executive officer]
and general managers of Saskatchewan credit unions and compiled a list of
priorities and concerns for possible amendments to the Act.
This bill will
do several things. The first, it amends the threshold required for members to
pass a special resolution from the current three-quarters to two-thirds to
align with all other provinces, except for a vote for dissolution in Quebec.
Secondly, it authorizes certain responsibilities to be delegated by a credit
union board to employees.
Thirdly,
provides a definition for the term professional adviser to remove ambiguity
about the eligibility for an individual to be on a credit unions board of
directors. It also creates future flexibility to allow regulations to prescribe
certain requirements or timeframes, and finally it clarifies how deposits are paid
out when a membership is terminated.
Additionally,
credit unions have requested changes to the membership termination process, as
they have found the current Act to be unclear. Amendments in this bill will
revise the member termination and appeal processes to clarify requirements. It
will allow the board of the credit union in certain situations to direct the
terminated members form of submissions to be made during an appeal to the
members of the credit union. And finally, it authorizes the board to replace
the appeal to the membership with an appeal to the court if the board
reasonably believes that an appeal to the membership cannot be done in any form
without violating certain obligations of the credit union or an order of the
court.
Mr. Chair,
with those opening remarks, Im welcoming questions respecting Bill 33, The
Credit Union Amendment Act, 2025.
Chair B. McLeod: Thank you, Minister. I will now open the
floor to questions, and I recognize MLA Sarauer.
Nicole Sarauer: Thank you, Mr. Chair. And thank you,
Minister, for your opening comments. In your opening
statement you mentioned that the provisions in this bill are a result of
consultations that the Canadian Credit Union Association did with their
members. In those consultations they had a list of priorities that had been
presented to the ministry. Were all of the CCUAs [Canadian Credit Union
Association] priorities implemented in this bill?
Hon. Tim
McLeod:
Thanks for the question. Just wanted to confer with the team about the number
of recommendations that were made. There were quite a number of them, and most
of them were accepted. There were several that were not for a variety of
reasons. Im going to ask my excellent team to explain some of those reasons in
greater detail, starting first with Darca.
Darca Tkach:
So Darca Tkach, Ministry of Justice and Attorney General. So yes, the top
three recommendations that CCUA brought forward were integrated. But for some
of the other requests, we did not integrate them into the bill for various
reasons. So for example, some of those items were just outside the scope of the
targeted amendments we wanted to make in this bill.
One reason was because some of the items
can be addressed in the regulations when those are developed. Some of them
would require further consultation with a broader spectrum of stakeholders.
Some of them we felt it would be best if we left it to the democratic member
process of credit unions.
And some were not brought forward in
this bill for specific reasons. For example, there was a request that the bill
be reviewed every 10 years and the regs every five years, but thats not
something that we typically build into legislation. So those are the main
reasons why not every request made it into this set of targeted amendments.
Nicole Sarauer: Are you able to
more clearly outline for the committee the requests that were made, and then
the decision of the ministry as to why that request was not granted?
Darca Tkach:
I could outline some of those.
Nicole Sarauer: Thank you.
Darca Tkach:
So lets see. Some of the things that can be addressed in the regulations are
that there is currently a regulation-making authority in the Act to allow for
exemptions. And there was a request concerning exempting credit unions from the
current Act requirements that must be met before issuing a guarantee regarding
members credit card limit. So if an exemption is required for that, that could
be reviewed when the regs are developed.
Another request that could be integrated
into the regs is concerns allowing credit unions to repay term deposits within
one year after a membership has been terminated. And again that one-year period
could be reviewed for how appropriate it is when the regs are being developed.
Some of the amendments that require a
greater consultation would be, for example, allowing credit unions to sell
certain types of insurance. That would require looking at CCUAs recommendation
on that topic. Adding provisions related to unclaimed safety deposit boxes,
thats also outside the scope of what were looking at for this bill. Am I
missing . . . keep going, okay. Theyll tell me if Ive missed any.
Providing an expedited process to allow
a provincial credit union to sell its assets to a federal CU [credit union].
Thats also something wed have to look at because it might require amendments
to the Bank Act, which is federal.
So not every request could be
accommodated. Some of the things that are better left to the democratic member
process is whether or not its permissible to override member-approved bylaws,
to expand access to recruitment of directors. Thats something that CUs can
propose revisions to in their bylaws.
Authorizing the regulator to remove a
director is also something that the credit unions need to self-govern. Allowing
a credit union board to appoint an auditor. Again, it was felt that that was
appropriate for the members to determine themselves.
Allowing credit unions to exercise
discretion regarding the redemption or repayment of deposits instead of the
board. It was felt that it was appropriate for the board to make those kind of
decisions.
And then we had some requests that did
not make it into this bill for specific reasons, like for example, authorizing
credit unions senior management to make membership termination decisions.
Weve built into this bill additional requirements surrounding member
terminations so that any safety concerns could be addressed. So we did not feel
that that needed to be included in this bill.
There was a request to allow members to
withdraw from the membership of a credit union at any time by giving verbal
notice. We did integrate that request, but we added some additional
requirements that the credit union follow up with them in writing to ensure
that that verbal withdrawal was confirmed in writing.
Lets see. There was a request
concerning the requirement to obtain CUDGCs approval, thats the Credit Union
Deposit Guarantee Corporation, to require CUDGCs approval if a patronage
refund exceeded one years profits. But it was felt that its important that
CUDGC maintain regulatory oversight over these kind of events. So I think that
covers most of the requests, and why and how they were dealt with.
Nicole Sarauer: Thank you. I
appreciate you laying it out. Lets talk specifically about one of the ones you
had mentioned, the membership termination provisions. Now this bill has
different provisions that what was requested by the CCUA. Can you explain why?
Haley Irwin:
Haley Irwin, legal counsel, Financial and Consumer Affairs Authority. So the
current Act states that membership termination decisions are first made by the
board with an appeal to the members of the credit union. This bill maintained
that structure.
The request from CCUA was to instead
have the CEO or the credit union make the initial termination decision with the
appeal going to the board. This bill, while maintaining the current structure
thats in the current credit union Act, also provides safeguards for some of
the concerns that were raised by CCUA chief among them issues related to
safety of members and employees of credit unions while also maintaining that
the members make the final decision with respect to a membership termination,
which is an important core concept of the credit union model.
Nicole Sarauer: Thank you. The
CCUA and several of the credit unions that it represents were fairly clear in
their request for this change as you have described it, and have expressed
through I believe multiple letters to the ministry their reasons why,
particularly around safety. Could the ministry explain why they feel that this
recommended amendment is sufficient to address their needs?
Hon. Tim
McLeod:
Yeah, Im happy to do that. I have had a number of very positive conversations
with them and heard their concerns. From the ministrys perspective, we need to
strike a balance to make sure that were protecting the members interests and
not just managements interests. And certainly the concerns that were brought
forward were around if the behaviour of a certain member was warranting the
termination, or at least the termination discussion, then they wanted to ensure
that there were safety precautions in place.
We didnt feel that the appropriate way
to address those was to remove the voice of the membership in the appeal
process. We can, and we had many conversations about this, point to a variety
of other mechanisms that allow for those safety concerns to be addressed.
An example is the virtual attendance at
an appeal. If a member is being terminated and they want to appeal but theres
a safety concern about their attendance, they can attend virtually.
Alternatively, the appeal could go to a court and the court could hear the
appeal. There are a variety of mechanisms, and weve built them into this
legislation to address those concerns without removing the voice of the
membership. And as it was stated by Haley, really a core principle of the
credit union model being that the voice of the membership should be respected.
Nicole Sarauer: Could the ministry
explain why they feel they have a better understanding of the credit union
model and safety concerns of these credit unions than CCUA and the members that
they represent?
Hon. Tim
McLeod:
Well I wouldnt frame it that we know better. As I said earlier, were striking
a balance between respecting the voice of the members and the membership which
currently exists, and were addressing the concern that was brought forward,
particularly around termination of membership, by striking that balance,
respecting both the concern that was brought forward but as well the voice of
the membership being included in the appeal process.
Nicole Sarauer: Could the ministry
explain why credit unions shouldnt have the same power over terminating
memberships than traditional banks?
Cory Peters:
Cory Peters, executive director with the consumer credit division of the
FCAA. Appreciate the question. One of the complicating factors is credit unions
refer to their customers as members, and The Credit Union Act
contemplates members. Members under The Credit Union Act are the owners,
as a co‑operative. So to the question of what would a bank do, well the
verb I believe is debank, where the bank would close accounts, cease lines of
credit, look to not renew mortgages.
And these are tools that credit unions
are doing now to minimize the connection with that customer. The member
termination has to deal with that customer and their ownership of the credit
unions capacity, which banks, with the exception of federal credit unions, are
not co-operatives.
Nicole Sarauer: Thank you. I
understand that this is of particular concern in smaller centres, smaller
credit union branches, smaller membership. Everybody knows each other in a way.
There have been, I understand, some safety concerns in some locations in the
past and a feeling that they have not been able to keep their staff safe in a
way that CIBC [Canadian Imperial Bank of Commerce] could, for example, in terms
of limiting access or debanking, as you have said, some members.
I suppose my question is, we have a bill
before us. I have a proposed amendment for clause 11, which would replace the
presented new provisions on membership termination with the requested
provisions. If this amendment doesnt pass today, is the ministry open to
continuing conversations on this issue?
Hon. Tim
McLeod:
Of course always happy to continue the conversations with the CCUA. I would say
those conversations are particularly fruitful. Not only do they inform the
ministry about the concerns and the work that we do, but to reciprocate, I
would say that a lot of the concerns that were brought in the initial meetings
with myself and the ministry, the CCUA wasnt necessarily aware of all of the
current mechanisms available to it to address some of those concerns.
I think of the example of a section 810
order under the Criminal Code, otherwise known as a peace bond. The CCUA wasnt
aware that that was perhaps an option that was available to some of their
institutions in the event that there was somebody that was potentially
harassing or causing threats to the institution. They have that mechanism
available to them, as do all citizens. That was something that they werent
aware of.
So those ongoing conversations certainly
inform our work, and were happy to share back with the CCUA any information
that we can that would address the concerns without necessarily stepping on or
altering the rights of the membership as a whole.
Nicole Sarauer: Right. You and I
both know that peace bonds arent the easiest things in the world to be able to
access.
I have a few things Im going to read
into the record. Theyre just submissions that have been made and have been
requested of me to read in. So Im going to do that right now. Its with
respect to this particular issue.
The first one is a letter from CCUA
dated September 19th, 2025, to the CEO of the FCAA, and it was their response
to consultation on the modernization of The Credit Union Act, 1998. And
Im just going to read the specific part of the letter for the committees
awareness on this particular piece on membership termination and appeals. So it
says:
Question 2:
clarification of the process for membership termination and appeals. Do you
agree with the proposed amendments to clarify and revise the membership
termination and appeals processes? Why or why not?
Credit unions are
encouraged by the measures being considered to enhance health and safety. The
options provided to the credit union board to consider a membership appeal are
a positive step to mitigate potential risks to staff and other credit union members.
Updates to this part of the legislation will be carefully monitored and may
require further iteration. As this submission will be made available to the
public, CCUA is taking the opportunity to explain why these amendments to the
membership termination process are being considered. Saskatchewan credit unions
are owned by their members, and they value their members and their business.
With nearly 513,000
members across the province, membership termination due to extreme
circumstances is rare and occurs only after all other remedies have been
attempted. Membership termination is an extreme remedy which is required in
extreme circumstances.
Being a credit
union member requires that the terms of the financial services agreement are
adhered to. If a member has not been fulfilling the terms of their financial
services agreement, the credit union can refuse to provide those services. The
membership is not terminated, but those financial products are discontinued and
are no longer available to the member.
Membership
termination would only be considered when a definitive action is required to
completely sever the business relationship with a member, due to a risk of
potential harm to an employee or members.
The health and
safety reasons for proposing revisions of the Act with respect to membership
termination are significant. As noted in the consultation document, the
Government of Saskatchewan requires all Saskatchewan employers to have violence
prevention policies in place. Saskatchewan Occupational health and safety
recognizes financial services as a high-risk industry. Credit unions and banks
can be the targets of violent robberies, and the front-line staff of our
institutions are also vulnerable to harassment, threats, or violence from
clients, the credit union members.
While credit unions
have implemented policies to protect their staff and other credit union
members, structural elements of the governing legislation for credit unions
need to be revised to mitigate the risk further. Unfortunately this is a
challenge for credit unions in Saskatchewan, across Canada, and
internationally. As the national trade association for credit unions, CCUA has
received concerns from credit unions in Saskatchewan and across Canada
regarding increased threats and/or abusive staff and sometimes board members.
This has been a
long-standing challenge for credit unions. However, during the COVID‑19
pandemic, front-line staff in essential services, including many of the
Saskatchewan credit union sectors approximately 3,000 staff, continued to
serve the public to ensure no service disruption. The financial services
industry has many staff who are public facing and serve a variety of
clients/members. Similar to health care, law enforcement, and the retail
sector, there is a notable increase in violence against front-line workers.
Manitoba and Prince
Edward Island have amended the credit union legislation to streamline the
membership termination process. We are advised that Ontario is also considering
similar measures, and federal credit unions in the United States recently
received an update to their governing legislation, the Credit Union
Governance Modernization Act, to tackle the issue and ensure that the
safety of staff and other members is at the forefront.
The new measures in
the federal credit union legislation in the United States outline the specific
circumstances under which membership termination would be considered, including
a substantial or repeated violation of the credit unions membership agreement,
a substantial or repeated disruption to credit union operations including
dangerous or abusive behaviour, fraud, attempted fraud, or conviction of other
illegal conduct in relation to the credit union, including the credit unions
employees.
The Ombudsman for
Banking Services and Investments oversees the dispute resolution process for
federally regulated banks as defined in the Bank Act, and it seems much
more streamlined.
In summary, the
proposed amendments are an improvement, and credit unions will carefully
monitor their outcomes, however future revisions may be required if the new
membership termination process does not mitigate the potential health and
safety risks to staff and board directors.
I have two additional letters Ive been
asked to read into the record. One is from CCUA to the minister dated December
4th, 2025, regarding Bills 30 and 33, The Credit Union Amendment Act.
It says:
Dear Minister
McLeod,
On behalf of
Saskatchewan credit unions and the Canadian Credit Union Association, we
appreciate the opportunity to comment on Bill 30‑33.
We support the
bills intent to modernize governance and strengthen accountability; however
creating more red tape by having a more prescriptive process in the Act and not
in the regulations would not improve the membership termination process.
Given that the bill
is now at second reading, we respectfully recommend targeted technical
amendments to the membership termination and appeal provisions to ensure they
are workable in practice while fully aligning with legislative intent, safety,
and democratic member control.
As noted in our
letter dated May 10, 2024, to former minister of Justice Bronwyn Eyre, we
proposed that senior management should be allowed to determine when membership
termination would be required to allow a nimble response to protect staff and
other members.
Credit unions
support an appeal mechanism and are proposing that the appeal be directed to
the board and not a meeting of the credit union membership. The boards final
review of the appeal should be final. We believe that this streamlined process
still includes the co-operative principle of democratic member control, as the
board is elected by the membership and represents them.
Under the current
draft, membership termination appeals must be heard by the full membership
except in cases where the board refers the matter directly to the Court of
Kings Bench. While well-intentioned, the approach presents challenges related
to privacy, safety, and operational feasibility. In practice, cases involving
harassment, threatening behaviour, or confidential issues are not well-suited
to discussion before a membership meeting.
Unfortunately
credit unions have seen increased incidents of members using abusive language,
threats of violence, and sexual harassment towards staff. These types of
situations require an immediate response from credit union management to ensure
workers are not exposed to harassment or violence in the workplace.
Credit unions have
implemented policy statements on violence and prevention plans and procedures
to investigate incidents of violence in the workplace as required by The
Saskatchewan Employment Act. A membership meeting is not the appropriate
venue for appeals as it may place members in the position of adjudicating
highly sensitive or complex matters without appropriate expertise.
In addition to the
privacy, safety, and sensitivity concerns noted above, this requirement could
also introduce significant administrative burden and increase red tape.
Organizing a general membership appeal may require substantial coordination,
including legal preparation, meaning costly and time-consuming court
intervention by providing clear internal mechanisms for dispute resolution.
We respectfully
request your consideration of these targeted amendments during the committee
review stage and would welcome the opportunity to support drafting efforts and
regulatory implementation to ensure the appeal process is both fair and
workable.
Sincerely, Rob
Swallow, director of government relations for Saskatchewan.
And the amendments Ill be proposing are
the ones that were being suggested by that letter.
I understand, Minister, you received
several letters from different credit unions in support of CCUAs letter. Im
going to read one of them. Its been requested that it be anonymized, so I
wont be reading who it was from, but its dated March 2nd, 2026:
Dear Minister,
Saskatchewan credit
unions appreciate the opportunity to provide input on The Credit Union
Amendment Act, 2025. We also thank you for your February 6th, 2026,
response to the Canadian Credit Union Associations December 2025 letter.
We acknowledge your
view that the bill as drafted addresses safety concerns through procedural
direction, the option to direct appeals to the courts, and by allowing
terminations to remain in effect pending appeal where safety risks exist.
However your
response did not address the significant administrative, privacy, and
operational burdens that arise from requiring membership termination appeals to
be heard at a full general meeting nor the challenges this poses for credit
unions in delivering services effectively while protecting staff and member
safety. These concerns remain central to our request for a more practical and
workable framework.
Organizing a
general membership appeal requires substantial coordination, including legal
preparation, meeting logistics, secure communications, and governance
oversight. This is more challenging for credit unions who have members spread
out across the province.
Further, this
places pressure on staff and board members and diverts resources from
operational and strategic priorities. Cases involving harassment, threats,
fraud, or other misconduct often include sensitive personal information.
Requiring these matters to be presented to the full membership creates material
privacy risks and may limit a credit unions ability to comply with federal
privacy and anti-money-laundering obligations.
Credit unions are
subject to the Personal Information Protection and Electronic Documents Act.
For example, if a credit union must present evidence at a membership-wide
appeal meeting, it cannot disclose more personal information than is strictly
necessary. They must also avoid exposing sensitive details for example,
mental health information, financial hardship, fraud investigations unless
explicitly required by law.
Credit unions are
reporting entities under the Proceeds of Crime (Money Laundering) and
Terrorist Financing Act. For example, if the grounds for termination
involve suspected money laundering, fraud, or structuring, the credit union
must file a suspicious transaction report, even if the member disputes the
termination.
During an appeal,
staff cannot disclose the existence of this report to the member or to the
membership due to federal prohibitions; thus a membership-level appeal risks
revealing information the credit union is federally prohibited from disclosing
under the PCMLTFA. Under the proposed Act, membership termination appeals must
be heard by the full membership unless the board refers the matter directly to
the Court of Kings Bench. While well-intentioned, this approach is likely to
result in delays and increased costs for the credit union and the member as the
appeal makes its way through the court system.
An appeal to the
board whose members are democratically elected and better positioned to
adjudicate appeals in a timely manner with appropriate confidentiality,
consistency, and expertise is a more workable approach and better reflects the
modern sophistication of the current credit union system. At a minimum, the
bill should allow credit union members to delegate appeals to the board, which
could then in turn delegate termination decisions to senior management of the
credit union under conditions set out by membership and the board.
We encourage the
government to consider modern models such as the state of Maine, which recently
updated its credit union legislation. This model recognizes that modern credit
unions require flexible tools to address misconduct while preserving due process.
This approach balances safety, fairness, and operational practicality and helps
ensure that employees and members are protected from dangerous or abusive
behaviour. Saskatchewan could take a leadership role in Canada by adopting this
type of approach.
We want to be clear
that a membership termination will always remain a measure of last resort for
credit unions, used only when a business relationship must be fully severed. We
remain committed to working with you and your officials on a practical and modern
framework that is proportionate, efficient, protective of staff and members,
respectful of privacy obligations, and aligned with our co‑operative
principles.
Board-level appeals
maintain traditional member oversight while ensuring decisions are made by
those entrusted through democratic election. We respectfully request amendments
that allow membership termination appeals to be heard by the board or another delegated
body rather than requiring a full general meeting.
My question to you, Minister, is . . .
One of the letters I read CCUAs, I believe specifically stated that there
are other jurisdictions that have implemented the recommendations that they are
proposing. I believe they said PEI [Prince Edward Island] and another one.
Could you explain why those jurisdictions implemented these recommendations and
our jurisdiction is choosing not to?
Hon. Tim
McLeod:
Well I think first of all, you addressed I think Prince Edward Island and
Maine. I certainly cant speak to those jurisdictions or what they were facing,
particularly in the United States.
I will say this. The Government of
Saskatchewan and the Ministry of Justice believe that harassment or threats of
violence or abusive behaviour are never acceptable in any circumstance.
Everyone deserves to feel safe in their workplace. Everyone deserves to feel
safe in their community. That is not the question before us today. We
absolutely want to ensure that people have a safe workplace, that people feel
safe. And there should be no tolerance of abusive behaviour or harassment or
violence.
Those concerns, as have been stated, can
be addressed in a variety of ways. The way that was proposed by the CCUA is one
of many options and it in my view doesnt allow for the democratic process
of the membership voice to be heard. Credit unions are not charter banks, and
there is a distinction. When someone signs up to be a member of a credit union,
they become a shareholder of the credit union. Thats not the case when you
open a bank account at a charter bank.
As was pointed out earlier, everyone who
is engaged in behaviour, inappropriate behaviour, can be refused service for
that reason, whether theyre at a bank or a credit union. What were talking
about here is the shareholder piece, the membership piece that people have
signed up for as a credit union member. And we have implemented through this a
variety of changes, through this bill, that address the concerns that were
brought forward by the CCUA to respect the concern without disrespecting the
membership, without removing the voice of the membership.
And I heard you read the part about
concerns about the specific details being shared amongst the broader
membership. Recall that if a members termination is getting to the broader
membership, the member brought it. The board isnt bringing the termination to
the membership. This is about an appeal. So the CEO and the board have the
ability to make these decisions, and only if its appealed by the member would
the broader membership ever be hearing any of those details.
So I will say again that while we have
accepted most of the recommendations of the CCUA, we do have to balance that.
Because we are hearing from the CCUA, but were not hearing from the individual
members that these proposals that were not taking are what they would like. So
theres a balancing of the rights of the members, respecting again that credit
unions are not charter banks. Theyre very deliberately structured in a
different way.
So we are trying to strike the balance
of addressing those concerns of the CCUA and the management side of the credit
unions without disrespecting one of the core pieces of a credit union, which is
that membership piece and the shareholder piece.
And again if any members are behaving
inappropriately, they can be refused service as a customer in those
institutions. No one should have to feel unsafe in their workplace, and we
absolutely do not condone in any way harassment or violence or abusive behaviour.
Nicole Sarauer: Thank you,
Minister. Just further to the remarks that you had made just now, in your
consultation process did you hear from other stakeholders who expressed
opposition to the recommendation that CCUA had made?
Cory Peters:
Thank you. So consultation was issued to the following parties. We issued it
to CCUA, the Canadian Credit Union Association. Was issued to SaskCentral. It
was issued to Credit Union Deposit Guarantee Corporation. CCUA distributed to
the Saskatchewan credit unions. And on the Financial and Consumer Affairs
Authority website, the consultation was also posted for the public.
In that process we received one
response, that being the CCUA response, which is on the FCAA website.
Chair B.
McLeod: Seeing no more questions, we will proceed to vote on the clauses. Clause
1, short title, is that agreed?
Some Hon. Members: Agreed.
[Clause
1 agreed to.]
[Clauses
2 to 10 inclusive agreed to.]
Clause
11
Chair B. McLeod: Clause 11, is that agreed? Please,
MLA Sarauer.
Nicole Sarauer: Thank you. Id like to move an
amendment to clause 11, that clause 11 be amended to say as follows:
(a) by striking out subsection 69(1) and
substituting the following:
69(1) The chief executive officer of a
credit union, or an employee designated by name or by office of the board, may
terminate the membership of a member in accordance with this Division.
(b) by striking out subsection 69(2) and
substituting the following:
(2) Before terminating a membership
pursuant to subsection (1), the credit union shall give the member not less
than 7 days written notice of the proposed termination.
(c) by striking out subsection 69(3) and
substituting the following:
(3) The notice mentioned in subsection
(2) must include:
(a) the grounds on which the membership is proposed to be
terminated;
(b) the effective date of the proposed termination;
(c) the members right to make written submissions;
(d) the members right to appeal a termination decision to
the board pursuant to section 69.1; and
(e) any other information prescribed in the regulations.
(d) by striking out subsection 69(4) and
substituting the following:
(4) If a membership is terminated
pursuant to subsection (1), the credit union shall, within 10 days after the
termination takes effect, give the member written notice of termination that
includes:
(a) the grounds on which the membership is terminated;
(b) the effective date;
(c) information respecting payments and continuation of
obligations;
(d) information respecting the members right to appeal the
termination to the board pursuant to section 69.1;
(e) representation rights at the appeal; and
(f) any other information prescribed in the regulations.
(e) by striking out subsection 69(5);
(f) by striking out subsection 69(6);
(g) by striking out subsection 69(7);
(h) by striking out subsection 69(8);
(i) by striking out subsection 69(9);
(j) by striking out subsection 69.1 and
substituting the following:
69.1(1) A member whose membership has been
terminated pursuant to section 69 may appeal the termination to the board of
the credit union.
(2) A member who intends to appeal shall give written
notice of appeal to the secretary of the credit union within 30 days after
receiving the notice of termination.
(3) The board shall hear the appeal within a reasonable
time and may permit written or oral submissions by the member.
(4) After considering the appeal, the board may confirm,
rescind, or vary the termination on any terms it considers appropriate.
(5) Subject to section 69.2, the decision of the board on
appeal is final.
(k) by striking out subsection 69.2(1)
and substituting the following:
69.2(1) a member may appeal a decision of
the board made pursuant to subsection 69.1(4) to the court in accordance with
this section.
I
so move.
Chair B. McLeod: The member has moved an amendment to
clause 11. Are committee members ready for the question?
Some Hon. Members: Question.
Chair B. McLeod: Do committee members agree with the
amendment as read?
Some Hon. Members: Agreed.
Some Hon. Members: No.
Nicole Sarauer: Recorded vote please, Mr. Chair.
Chair B. McLeod: So I will also at this point in time
declare my deliberative vote. And the question before the committee: a recorded
vote has been called, and all those in favour of the amendment please raise
your hand. Three in favour. All those opposed to the amendment please raise
your hand.
Those
in favour of the amendment is three; those opposed to the amendment, four. I
declare the amendment defeated.
We
will continue with the original clause. Clause 11, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
[Clause
11 agreed to.]
[Clauses
12 to 20 inclusive agreed to.]
Chair B. McLeod: His Majesty, by and with the advice
and consent of the Legislative Assembly of Saskatchewan, enacts as follows: The
Credit Union Amendment Act, 2025.
I
would ask a member to move that we report Bill No. 33, The Credit Union
Amendment Act, 2025 without amendment. MLA Martens moves. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Do we have any closing
comments by the minister?
Hon. Tim McLeod: Thank you, Mr. Chair. Ill reserve my
thanks for the committee and Hansard and broadcasting who still have
more work to do this evening. But I do want to very much thank my officials who
have joined me here today for their excellent work each and every day, but
particularly for assisting with this committee today.
Chair B. McLeod: Any closing comments from members?
Please go ahead, MLA Sarauer.
Nicole Sarauer: Please, yes. As the minister has
indicated, hes switching out officials. So to the officials who are leaving,
thank you so much for coming today and all of the work that you do on behalf of
the people of Saskatchewan.
Chair B. McLeod: And I will thank you for your presence
tonight and for your participation. Appreciate it so much.
Clause
1
Chair B. McLeod: Next we have consideration of Bill No. 47,
The Response to Illicit Drugs Act, beginning with clause 1, short title.
Minister McLeod, youre back with new officials, and I
certainly want you to know as well, dont touch the mikes and identify yourself
the first time that you speak.
So, Minister McLeod, please
introduce any new officials and make again your opening comments.
Hon. Tim
McLeod: Thank you very much, Mr. Chair. Joining me
at the table to my left is Neil Karkut, senior Crown counsel with legislative
services; and to my right, Darcy McGovern, K.C. [Kings Counsel], executive
director of public law division. Joining me behind as well we have my chief of
staff, Max Waldman, as well as Maria Markatos, K.C.
Mr. Chair, I
will offer brief opening remarks for Bill 47, The Response to Illicit Drugs
Act. This Act forms part of the governments commitment to protect families
and communities from the dangers of illicit drugs. The Act targets people who
profit from illegal drug production and trafficking in two ways.
First, the Act
creates a statutory cause of action against drug offenders, both for the
government and for individuals. This allows government to recover costs caused
by drug traffickers and producers, including health care costs. Individuals who
are personally harmed by drug offenders may also bring an action against the
offenders to seek damages.
When an
individual brings a claim, the Act creates a rebuttable presumption against the
defendant drug offender. The onus is then on the defendant to demonstrate that
they did not cause harm to the plaintiff.
Second, the
Act deems certain government appointments, grants, or agreements voidable if
the other party is convicted of a drug offence. The government has the
discretion to determine the appropriate legal action in each case and make sure
drug offenders face appropriate professional and economic consequences for
their actions.
This Act
applies to persons who contravene drug production and trafficking offences
under the federal Controlled Drugs and Substances Act. It does not apply
to individuals convicted of simple possession offences. This approach focuses
on individuals who profit from the illegal drug trade rather than on the
individuals who suffer from addiction.
With that, Mr.
Chair, I welcome any questions respecting Bill 47, The Response to Illicit
Drugs Act.
Chair B.
McLeod: Thank you, Minister. And I will now open
the floor to questions. I recognize MLA Sarauer.
Nicole Sarauer: Thank you, Mr. Chair. Thank you,
Minister, for your opening comments. I have a few questions with respect to
this bill. Firstly, do these provisions exist in any other jurisdiction?
Neil Karkut: Neil Karkut, Ministry of Justice and Attorney
General. Were not aware of other jurisdictions that have this approach. It was
a unique, made-for-Saskatchewan approach in this case.
Nicole Sarauer: Was this made at the request of any
external stakeholder?
Hon. Tim McLeod: No specific stakeholders. I would say
on behalf of the people of Saskatchewan who . . . We all certainly
recognize the challenges of drug addiction and drug trafficking in our
communities.
This,
as I said in my opening remarks, is part of a larger suite of approaches that
the government has taken to really target on one hand the enforcement and
tackling the drug production and drug trafficking side, as well as on the other
side of the equation, the compassionate piece, making sure that we are taking a
recovery-oriented approach for those who are battling addiction.
Nicole Sarauer: Could you explain to the committee how
this bill will operate from the perspective of an individual, not government?
Neil Karkut: With
respect to individuals, that is dealt with primarily under the litigation
component. As the minister mentioned, theres two streams of litigation that
are created under the Act.
The first is for government where they could
recover the costs. The second is an individual tort. And how thats set up is
that a plaintiff, who would be the individual thats harmed, may bring a claim
against the defendant who commits, we call it, an illicit-drug-related wrong
which is defined in the Act to cover those offences trafficking offences,
production offences. And the torts created.
If the plaintiff uses or is exposed to the
illicit drugs that have been, I guess, the subject matter of that illicit
wrong, and that user exposure results in disease, injury, or death which is
also defined to include, for example, addiction, as the minister mentioned
theres a rebuttable presumption created then. The onus shifts to the defendant
to . . . They cant simply say, oh well then, if I was injured they
would have just gone to a different individual to receive these drugs, for
example.
There is a
presumption that, no, you provided this substance to this individual. Its
created harm for them, and now theyre entitled to receive compensation for
that harm, be it job loss or more general damages. It would act similar to a
standard claim in that regard.
Nicole Sarauer: So this
legislation contemplates perhaps a user of illicit drugs to sue, in Kings
Bench, their dealer? Is that correct?
Neil Karkut:
Thats correct. It would obviously depend on the specific factors and matters
in each case. For example if you had, well say, someone running a business or
a professional that maybe has a significant level of assets that on the side
has been dealing with these illicit substances, they may provide an appropriate
means to seek compensation for the harm theyve caused that individual.
Chair
B. McLeod: Minister McLeod.
Hon. Tim
McLeod:
If I could, just to add on to that. The Act also allows for families of a
person who has suffered an addiction or a death due to an addiction to be the
plaintiff against the dealer or the one who caused the harm. So in the event of
a tragedy, its not just the individual themselves that is authorized to be a
plaintiff under this legislation or contemplated to be a plaintiff, but the
families impacted by the loss as well.
Darcy McGovern:
Mr. Chair, if I could.
Chair
B. McLeod: Yes.
Darcy McGovern:
Darcy McGovern. And I think, as the members raised the issue and it is going
to be a particular circumstance where this applies, what were looking at with
this piece, theres five things that this Act does. And this is one of the
pieces thats there. This is in addition to restitution within the criminal law
process, for example. This is in addition to some of the remedies that we
already have with respect to the returning criminal property.
But we may have circumstances
. . . And this is something that, as the minister suggested, when
were taking an all-hands-on-deck approach to dealing with the scourge of
illicit drugs, that there is a space here for saying there may be individuals
who are involved in trafficking or production who have assets that will be
available, and that the individual who has suffered what we consider to be a
significant tort damage through the damages from illicit drugs, that they have
a statutorily based remedy which we can give them some assistance with the
change thats been made with respect to the presumption, for example.
And so were not saying that this is
going to happen in every circumstance, by any means. But we do think there is a
slice of the pie that this can be useful in addition to the other items that
are mentioned in this bill.
Nicole Sarauer: Thank you. Is the
ministry planning on providing pro bono legal services to individuals or
families who wish to utilize this cause of action?
Darcy McGovern:
The ministry isnt in a position right now where it would provide that on a
pro bono basis in advance, no.
Nicole Sarauer: And how confident
is the ministry in the ability for individuals to be able to recover any award
of damages to somebody who would be, for example, an illicit drug dealer?
Darcy McGovern:
I mean, the member is, of course, an experienced litigator as well. And that
was part of the comments that I made earlier: this will be an appropriate
remedy in certain circumstances. You cant get blood from a stone. Thats
always an issue with respect to these matters.
The member, of course, with her
experience and, as the minister knows, weve created statutory torts in certain
areas where we want to demonstrate on behalf of the Ministry of Justice and
the minister has made very clear that its a priority for him in areas like
coerced debt and human trafficking areas like the reverse porn provisions
where well create a statutory tort, well create a presumption to assist with
the victims or survivors of those torts. And this is a similar circumstance
here.
This is an unacceptable activity which
we want to provide the assistance that we can. We cant come here and say that
we will guarantee a pot at the end of the rainbow. But we do think that there
may be circumstances that, you know . . . And we all read stories
where you do have traffickers, and members have commented that this is a
scourge that cuts across socio-economic grounds. So if you do have an
individual who does have those assets, this may be an appropriate remedy.
Nicole Sarauer: I appreciate you
bringing up the other legislation that has dealt with similar social issues in
a similar way. The human trafficking one in particular Ive been thinking about
as Ive been looking at this legislation. Does the ministry know how many claims
have been filed with respect to that particular legislation at this time?
Darcy McGovern:
I dont have that information with me.
Chair
B. McLeod: Minister McLeod.
Hon. Tim
McLeod:
I would say that thats not something that we track in terms of court
proceedings and the number of cases that would be brought to the Court of
Kings Bench in a variety of ways. Thats certainly not data that we would have
at this table.
Nicole Sarauer: Does this not
already exist as a cause of action in common law?
Darcy McGovern:
The Act common law, as the member knows, there is an allegation with respect
to tort for any inappropriate conduct. The difficulty with that, as the
ministers commented and Mr. Karkut mentioned, what we can do with a statutory
tort is establish very clearly the tort, the definitions, the parties that can
apply for that. And then most importantly we can change the law to create a
rebuttable presumption. And thats a very key element in terms of what the
ability of the lawmakers in this building have the ability to do. And so we
think thats something thats worth doing.
In terms of your reference to Bill 47,
theres also the step taken with respect to direct action by government. Thats
something that we think is valuable with respect to recognizing that this is a
scourge that has a direct impact on the finances, particularly from health
concerns, and that there may well be circumstances where its appropriate to
pursue that. And we take the model from the opioid and from the tobacco cases
to take that step.
And then the other thing that this Act
does when were speaking to why are we doing this piece, I think theres a
social contract aspect here that is reflected in part 2, particularly where the
government has a lot of points of contact that are in existence right now for
appointments, agreements, as well as the contracts that it enters into with the
variety of individuals. And what part 2 of the Act does is to say, you know,
under the social contract that we operate in if we want to use our Hobbes, Locke,
Rousseau political science analysis that anyone who is involved in
trafficking illicit drugs, producing, or importing is outside of that social
contract.
And if the government is in a position
where theyve appointed an individual and theyre convicted of that type of
offence, if we have an agreement with an organization, if we have a contract,
that those are voidable, immediately voidable at the option of the government
agency to reflect that commitment to say thats not who . . . Those
sorts of individuals at that time made a choice thats inappropriate to be
supported within the government structure.
Nicole Sarauer: As you mentioned,
this bill provides a cause of action for government as well as individuals. On
the government end, is the ministry projecting approximately how much they hope
to recover monetarily within the next fiscal year?
Neil Karkut: No, we dont have
a projection of what that will be. It will have to be monitored on a
case-by-case basis depending on what, I guess, actions are feasible and based
on the factors of each of those cases. So we dont have a figure at this time.
Nicole Sarauer: Thank you. You had
mentioned illicit drug-related wrong is included in the legislation and is
defined. Can you explain what that is for the committee?
Neil Karkut:
Yes, absolutely. An illicit drug-related wrong is defined in section Im
just going to start here its covered off in the definitions portion. Its
just towards the top of page 3. But what were talking about is it would be,
first of all, with respect to schedule 1 substances. And schedule 1 substances
includes, for example, fentanyl, methamphetamine, and other highly addictive
substances. Opioids, for example.
The specific offences that are covered
are substance trafficking, under subsection 5(1) of the Controlled Drugs and
Substances Act; possession of a substance for the purposes of trafficking,
pursuant to 5(2); substance importing or exporting under 6(1); possession of a
substance for the purposes of exporting under 6(2); production of a substance,
I guess I should be saying in contravention of section 7; or possession,
production, sale, import, or transport of anything intended to be used to
produce or traffic a substance in contravention of section 7.1.
And as the minister mentioned, it does
not cover simple possession offences.
Nicole Sarauer: I believe my
colleague has some questions, so Im going to turn the floor to her.
Chair
B. McLeod: MLA Nippi-Albright, please.
Betty
Nippi-Albright:
Thank you so much. I, yeah, have a few questions here. How will asset seizure
provisions function when individuals being charged at the street level, even
those handling larger quantities, have no assets to seize?
Neil Karkut:
I think that comes down to what Mr. McGovern referred to earlier, is that
bringing a case is going to be determined on very specific factors. If were
looking at a street-level dealer who does not have many assets, like youve
mentioned, thats maybe not the best example or circumstances where the
governments going to pursue a claim against that individual.
It might be more related to a situation
like someone who, for example, maybe does run a successful business, but on top
of that, runs illicit drug transactions. And that individual demonstrates that
they do have significant assets that would be repayable under this legislation.
Betty
Nippi-Albright:
Thank you. So if the intent is to target high-level traffickers, then what
mechanisms exist to trace assets held outside of Saskatchewan or held through
intermediaries?
Darcy McGovern:
Of course when youre dealing with trafficking that occurs across provinces
or across international boundaries, thats a challenge for sure. And the
police, of course, are involved in all of these cases.
Were not going to pretend that we have
a secret way or a magic way of tracing assets in that context. But there are
certainly circumstances and this is in my earlier response with respect to
the question by the learned member that this wont apply in every case. But
it may apply well in certain cases.
And so thats why we want to make sure
those tools are in the tool box, rather than saying if we have, for example,
professionals who are engaged in trafficking or we have individuals who
. . . as Mr. Karkut mentioned, businesses that are taking this
approach, then what we want to be able to do is to address that circumstance.
This wont replace the criminal law.
Criminal law, the criminal offences are the first step. Restitution occurs
within that context, as the member well knows that there are circumstances
where the police can assist in the identification of assets in that process.
And through that process I think you take the steps you can with respect to
identifying assets that can be seized potentially as part of the court process
and provided to the victims or to the victims family in some cases.
Betty
Nippi-Albright: So what
. . .
Hon. Tim
McLeod: Sorry, MLA
Nippi-Albright. I just want to build upon both of the comments that were made
in the last two questions and just reiterate that there is not going to be a
one-size-fits-all. There is no, you know, magical solution, single solution to
every circumstance.
Obviously each
individuals journey, addiction journey is going to be somewhat unique. Each
criminal case is going to be somewhat unique. So what the government is trying
to do is, as Mr. McGovern pointed out, fill each space so that wherever you
fall in that journey, on that continuum, we have some measure to assist you.
So this is a
very targeted and deliberate Act to focus on individuals who are producing or
trafficking, causing that harm in our communities. But its certainly not going
to fix the whole problem. And weve introduced things like the street weapons
legislation or the SCAN [safer communities and neighbourhoods] legislation to
address some of the nuisance properties where a lot of this dangerous activity
happens.
Weve got the
complex-needs facilities that weve stood up, the additional addiction
treatment spaces, the PACT [police and crisis team] teams that weve introduced
across the province all of those feeding into a larger picture of a very
broad swing at a very, very serious issue.
[16:45]
Betty
Nippi-Albright:
I just want to talk a little bit about the interprovincial coordination, if it
will occur and how. I guess my question is, how will Saskatchewan, the
government, collaborate with other jurisdictions to identify and disrupt the
higher level networks that do not reside here in Saskatchewan? What is that
coordination going to look like, if theres a plan?
Darcy McGovern:
Thank you, Mr. Chair, to the member. And its not really specific to the
scope of this bill, but Ill speak to it as to the degree I can. I think in
this context where youre dealing with criminal activity that may, in your
example, be extraprovincial, the seizure of criminal property team that the
Government of Saskatchewan has is coordinated with other provinces, has an
ability within its statute to identify assets that may occur in other places.
And thats one of the statutory authorities they have.
I mentioned previously that within the
police services obviously within the municipal, and the RCMP [Royal Canadian
Mounted Police] particularly as the national police force, and the CBSA [Canada
Border Services Agency] being a federal jurisdiction that they have an
ability to identify assets.
And so a circumstance would be where an
individual is criminally charged that, as part of that process, both
restitution efforts in that context as well as the seizure of criminal property
team would be in a position to help identify assets. And then once thats done
in this context, you would have an ability in litigation to identify those
assets further in terms of seizure for the individual.
So it doesnt solve the challenge that,
you know, these are people who are tricky. But the real core element of this, I
think, is recognizing that for a large component of individuals who traffic
drugs, produce drugs, import drugs, it is a profit process, that they are
seeking to benefit financially from it.
And thats what this bill is more aimed
at, to say, if you are seeking to benefit financially with respect to the
trafficking process, that these sorts of steps kicking you off of a board
that youre on for the government, rescinding a contract that you have to do
the paving, that being part of the process with respect to litigation those
are steps that we can do to try and take away the easy money of trafficking.
Betty
Nippi-Albright: Thank you.
So can you share with us what matrix will demonstrate that enforcement is
actually reaching the top of that hierarchy of drug dealers?
Darcy McGovern:
No, that wouldnt be information that I would have in terms of saying who and
how. That process would be more of a criminal process that the police would
have to be engaged in.
Betty
Nippi-Albright:
So how will this government measure success with this bill?
Darcy McGovern:
I think this is the type of general statement piece that well look for
success or gauge success on a few levels. And theres an immediate financial
component to that to say, well how often, for example, is the litigation
element being used, or whats it being used with. We know that a collective
action on behalf of the government is a long-term process. Thats not something
that occurs quickly, whereas the individual may occur earlier.
With respect to all the different
agreements that government has that are now voidable if theres illicit drug
conduct, all the grants that government makes to different organizations that
are now immediately voidable where individuals or a board of directors a
member of the board, for example, is involved in this process all of those
can be immediately impacted through this legislation. And so that is something
that wed be able to see in terms of where that occurs.
But you know, when I say levels, I also
mean that we have an opportunity. And obviously, I think, yesterday there was
the unanimous vote in the House in support of this legislation that, you know,
this Assembly and certainly this government wants to make a strong statement
that says, again, there is no place for trafficking in tragedy for financial
gain, that that is something we cant say loudly enough and often enough.
And this bill is part of that process.
And I think the ministers been very clear in tasking the Ministry of Justice
to try and be as creative and aggressive as it can. And so while were not
saying this solves all the problems, we think we can take on some financial
. . . we can take on the incentive for easy money through a bill like
this.
Betty
Nippi-Albright:
Thank you for that. Im having a tough time being convinced of that. But what I
do want to ask is, this bill, I know you have different levels of who you want
to access, how its going to be, and people are going to be taken off boards,
and etc., etc. But I guess what I want to know and I want to understand is, how
will this bill reach the individuals who actually control the drug supply that
is coming into Saskatchewan?
Hon. Tim
McLeod:
Well I would say that your earlier question about measuring success every
life thats saved is a success. Every family thats protected from the harms of
addiction is a success. And every deterred individual who would otherwise try
and profit from trafficking in illicit substances, if this deters someone from
peddling in that poison, bringing those dangerous drugs into our province or
into our communities, thats a success.
Now there is no magic fix. There is no
one-size-fits-all. But this is one more thing that we have introduced as a
government to show how seriously we take this problem. And I would say that
every, every individual circumstance where a life can be saved, where an
addiction can be avoided, where someone who might be contemplating trafficking
drugs is deterred because they dont want to risk the penalties that this bill
proposes, thats a success.
Betty
Nippi-Albright:
Just one more final quick one here. I guess Im trying to wrap my head around
. . . We often have these street-level drug dealers. And often
whoever is poisoning the supply with these deadly drugs, were seeing that
individuals that are suffering from their own substance-use harms are being
forced into selling. And you have this bill that wants to target individuals
that are profiting at that higher level.
I just want to know, like how are you
going to ensure or not ensure but just measure that youre actually
achieving the target, the goal of this bill of targeting those individuals that
are profiting, without penalizing those street-level individuals, and while
directing and profiting from the supply remaining untouched? Like how is that
. . . Like help me understand that.
Hon. Tim
McLeod:
This bill isnt intended to target the users. Its intended to target those
trafficking, producing, and profiting off of the poisons that are being brought
into our communities. And so again I would say that its been mentioned a
couple of times. Its really a collective approach to address the addictions
challenges that our communities face: finding addiction treatment spaces and
supports for those who are battling addiction, but then on the flip side adding
more police, more enforcement, more tools through legislation and through
resources to address the trafficking and the production of these substances.
So its really a collective approach,
and we will continue as a government to make investments in this area as long
as there are drugs being pedalled in our communities and lives being impacted
by those. We will continue to find ways to address and target those who are
trying to profit off the vulnerability of people battling addiction, and we
will continue to offer supports for those people who are battling addiction to
help them find healthy lives and recovery.
Chair
B. McLeod: Seeing no more questions
. . . Youre good? Thank you. Seeing no more questions, we will
proceed to vote on the clauses. And just before we do that, I want to say as
well, thoughtful questions and very well-thought-through answers. Appreciate
that exchange that happened. I learned much as well.
So well start with clause 1, short
title, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried.
[Clause 1 agreed to.]
[Clauses 2 to 16 inclusive agreed to.]
Chair
B. McLeod: His Majesty, by and with the advice
and consent of the Legislative Assembly of Saskatchewan, enacts as follows: The
Response to Illicit Drugs Act.
I would ask a member to move that we
report Bill No. 47, The Response to Illicit Drugs Act without
amendment. MLA Martens moves. Is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Any closing comments,
Minister?
Hon. Tim
McLeod:
Ill just, if I could, thank Darcy McGovern, K.C., who is the only official
leaving the table. Im hanging on to Neil Karkut for the time being. But thank
you to Darcy for his work each and every day for the people of Saskatchewan,
for the government, and certainly for the committees benefit today.
Chair
B. McLeod: Any closing comments? Please, MLA Sarauer.
[17:00]
Nicole Sarauer: Thanks, Mr. Chair.
I just appreciate the opportunity to join with the minister in thanking Mr. McGovern and Mr. Karkut for
their thoughtful answers to my colleague and my questions this afternoon, and
always for the work that you both do for the people of the province.
Clause 1
Chair B. McLeod: And thank you very much, everyone. Next we
have consideration of Bill No. 45, The Co‑operatives
Consequential Amendments Act, 2025 beginning with clause 1, short title.
Now Minister
McLeod has already indicated that hes changed the officials out, and please
introduce any new officials. And just a reminder again to give your name the
first time you speak, and dont touch the microphones. Minister McLeod.
Hon. Tim
McLeod: Well thank
you, Mr. Chair, and thank you to the committee for indulging us on the unusual
process of handling the consequential amendment bill before the bill proper.
But joining me
for both of those staying with me, I suppose is Neil Karkut, senior Crown
counsel, legislative services. Joining me at the table to my right is Jared
Pashovitz, acting registrar of co-operatives, office of public registry
administration. And joining us is Catherine Benning, K.C., director, office of
public registry administration.
I will very
briefly offer some opening remarks on Bill 45, Mr. Chair. This bill simply
makes consequential amendments to English legislation to support the new
bilingual co-operatives Act, 2025. These amendments are largely housekeeping
and maintain consistency between the different corporate legislation. With
that, Id welcome questions.
Chair B. McLeod: Thank you, Minister. Ill now open the
floor to questions. MLA Sarauer, please.
Nicole Sarauer: Thank you, Mr. Chair. Just putting on the
record that I have no questions for the consequential bill. I will save my
questions for the substantive.
Chair B. McLeod: Thank you. Seeing no more questions, we
will proceed to vote on the clauses. Clause 1, short title, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
[Clause 1 agreed to.]
[Clauses 2 to
21 inclusive agreed to.]
Chair
B. McLeod: His Majesty, by and with the advice
and consent of the Legislative Assembly of Saskatchewan, enacts as follows: The
Co‑operatives Consequential Amendments Act, 2025.
I would ask a member to move that we
report The Co‑operatives Consequential Amendments Act, 2025
without amendment. MLA Crassweller moves. Is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Any closing comments please
from the minister?
Hon. Tim
McLeod:
In the interests of time, Mr. Chair, I think Ill just reserve my closing
comments for the next bill.
Chair
B. McLeod: Any closing comments from members?
Thank you.
Clause 1‑1
Chair
B. McLeod: So we will move on then to the
consideration of Bill No. 44, The Co‑operatives Act, 2025, a
bilingual bill, beginning with consideration of clause 1‑1, short title.
Minister McLeod is still here with his officials. Minister, please make your
opening comments for us.
Hon. Tim
McLeod:
Thank you, Mr. Chair. Staying with me, the same officials as previously. I
would offer very brief opening remarks for Bill 44, The Co‑operatives
Act, 2025.
This new Act is the next stage in the
ministrys corporate registry review. Many of the updates are based on The
Business Corporations Act, 2021 and The Non-profit Corporations Act,
2022.
These updates include clarifying the use
of modern technologies; reducing red tape by removing the registrar from
business-related decisions; expressly allowing business names to include words
in Cree, Dene, or other Indigenous languages; and simplifying the liquidation
and dissolution procedure.
Several further updates are unique to
co-ops. First, the current co-operatives Act, 1996 and The New Generation
Co-operatives Act are combined into a single Act. New generation
co-operatives will continue as a specialized co‑operative under the new
Act.
Second, a new multi-stakeholder
specialized co‑operative is added. This change was made in response to
requests from stakeholders.
Third, the new Act provides all
co-operatives clear authority to raise capital through the sale of preferred
shares to non-members. With that, Mr. Chair, Id be pleased to answer any
questions.
Chair
B. McLeod: Thank you, Minister. I will now open
the floor to questions. I recognize MLA Sarauer.
Nicole Sarauer: Thank you, Mr.
Chair. Thank you, Minister, for your opening comments. Could you explain to the
committee who was consulted on this bill?
Neil Karkut:
Consultations were an ongoing matter over a number of years. The registrar of
co-operatives maintained regular contact with different co-operatives across
the province and collected their feedback through that process. And thats how
you heard about, for example, the multi-stakeholder co‑operative. That
was raised in a lot of those discussions.
Over the years too theres been an
increasing request for access to greater capital for co-operatives. And youd
hear that probably more from larger co-operatives, but then also theres a
Canadian co-operatives group that has identified access to capital now four
years in a row as one of the top concerns for co-operatives across the country.
So it wasnt a directed consultation
paper per se. It was an ongoing conversation with these different stakeholders
by the registrar that led to these changes in this Act.
Nicole Sarauer: Thank you. In
those ongoing conversations, were there any recommendations requested by
stakeholders that arent included in this bill?
Neil Karkut:
There were a number of requests that werent included. So for example there
were certain groups that wanted specialized co‑operative types. Theres
already certain co-operatives, specialized groups like employment
co-operatives, for example, or new generation co-operatives, that have specific
rules and are a subset of co-operative. Some of those categories that were
asked for, they werent actually necessary because they can already be
established through the existing rules.
Nicole Sarauer: Thank you. For the
changes that are included, could the ministry explain why these were requested?
Neil Karkut:
Sorry. Just in general, all the changes that were included?
So the first component are the ones that
were already included both in The Business Corporations Act and The
Non-profit Corporations Act. The goal with some of these reviews is to
create consistency amongst the Acts. So one piece is removing the registrar
from a lot of the business-related decisions. Theres certain requirements to
notify the registrar, make requests to the registrar where its really not a
registry-related piece, its a business-related decision. And that just created
extra red tape for those groups. So removing those types of changes to create
consistency amongst all the different pieces of legislation.
In consultations, we actually found that
there was in general a lot of support for the existing Act. Stakeholders found
the Act worked well, so it wasnt a matter of completely rewriting the
legislation in any way. It was just finding places where you can make updates.
The piece about capital, as I mentioned,
has been identified now as a growing concern. So that made sense that, when we
were combining the two Acts, to make sure it was clear that all types of
co-operatives can raise capital through preferred shares to non-members, rather
than just new generation co-operatives. And that matches the approach in
Alberta, and Canadas Act as well.
And then the multi-stakeholder co‑operative
again was a request that was received across . . . from numerous
stakeholders. We felt that was an appropriate change to include.
Nicole Sarauer: Thank you. Oh,
sorry. Go ahead.
Hon. Tim
McLeod:
Mr. Chair, if I could just build upon what Mr. Karkut has shared.
One of the provisions that I mentioned
was being added is to remove the registrar from certain business-related
decisions. One of those: the current provision allows that a person would
appeal the termination of their membership to the registrar. And thats being
repealed.
Interesting parallel to our previous
conversation where I would just point out that where a housing co‑operative
member wishes to appeal their membership, the appeal of that termination goes
to the members. And thats consistent across a number of co-operatives and
credit unions alike.
Nicole Sarauer: Well let the
co-operatives and credit unions duke it out with each other on that particular
provision.
You mentioned some comparison to other
jurisdictions on one of the provisions. Could you speak about how these
provisional changes within the bill compare to other jurisdictions across
Canada?
Neil Karkut:
Yeah. Because its quite a big Act, we focused primarily on both the Canada
. . . the federal co‑operative Act and then Albertas co‑operative
Act as two pieces of legislation that we primarily focused on when making these
changes because they aligned with a lot of what we wanted to do.
So for example, the new generation co‑operative
piece is within one bill or one Act in Alberta, and that they both do allow
that preferred shareholder component. So it was really Alberta and Canadas
Acts that were the primary focus when we were conducting this review, and
theres a lot of coordination between those two Acts and our new bill.
Nicole Sarauer: Thank you. Does
the ministry feel that the new bill will be able to streamline and modernize
services within the registry?
Jared Pashovitz:
Jared Pashovitz, acting registrar of co-operatives. So the new legislation
will be tied into the new registry technology that will be forthcoming, and it
will assist with streamlining registry operations that way.
Nicole Sarauer: Thank you. Does
the ministry have any sort of funding initiatives, or the government more
largely speaking, that they use to support the co‑operative movement in
Saskatchewan? And if so, what are they?
[17:15]
Catherine Benning:
Catherine Benning from the office of public registry administration. There
are some very targeted supports available within government, and Ill just give
you a couple of examples. For example, with northern fishing co-operatives,
there are supports available through the Ministry of Environment. And for all
co-operatives, the Ministry of Justice and our service provider, Information
Services Corporation, provides supports for the registration and
registry-related aspects of co-operatives.
Nicole Sarauer: Thank you. I have
no further questions.
Chair
B. McLeod: Seeing no more questions, we will
proceed to vote on the clauses. Now Im just going to take the temperature here
a little bit in that regard. There are over 400 clauses here that have to be
signed or initialled by myself, doubled because its bilingual. We can have
everyone stay, officials associated with this bill, or we could dismiss them
and allow them to have a great evening with family, and the rest of us will
have to suffer. Are we in agreeance with that?
Okay. So Ill just then say, any closing
comments by the minister before everybody runs away?
Hon. Tim
McLeod:
Thank you very much, Mr. Chair, and sincere thanks to the committee for that
indulgence. I know all of the team that surrounds me and myself greatly
appreciate that.
I want to just quickly thank all of my
officials that joined me this evening. As you can see, as every time I come to
this table, I come surrounded by just an absolutely tremendous team and I feel
very well supported, and the province is very well served by each of them. I
want to thank you, Mr. Chair, and the committee members for their thoughtful
questions and participation in the process this evening. And I want to thank Hansard
and broadcast services, of course, and Madam Clerk for her assistance at the
Table. Thank you very much to the committee, and enjoy the rest of your
evening.
Chair
B. McLeod: Thank you. Any closing comments from
members?
Nicole Sarauer: Thank you, Mr.
Chair. Just briefly, Id like to join with the minister in first of all
thanking him for answering my and my colleagues questions this afternoon. Its
greatly appreciated. Of course for all of your officials, for their thoughtful
responses today and all of their work each and every single day. Of course Id
be remiss if I didnt thank your chief of staff as well, Minister, as well as
all of the committee members; yourself, Mr. Chair; committee staff; Hansard
and broadcast services as well. Thank you.
Chair
B. McLeod: Thank you so much. And we will
dismiss officials and thank you for your presence here tonight. Enjoy the
evening.
All right. As I already indicated, this
bill has over 400 clauses. Is the committee in agreement that we review the
bill by parts? Any objections? So then we will get started. This is what we
have to get through, so bear with me here.
So part 1 is the preliminary matters.
Clause 1‑1, short title, is that agreed?
Some
Hon. Members: Agreed.
Chair B. McLeod:
Carried.
[Clause
1‑1 agreed to.]
[Clauses
1‑2 to 32‑7 inclusive agreed to.]
Chair
B. McLeod: His Majesty, by and with the advice
and consent of the Legislative Assembly of Saskatchewan, enacts as follows: The
Co‑operatives Act, 2025, a bilingual bill.
All right, I would ask a member to move
that we report Bill No. 44, The Co‑operatives Act, 2025, a
bilingual bill, without amendment.
MLA Brad Crassweller moves. Is that
agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Well thank you, everyone.
What a marathon. Now we have one more small task. We are going to proceed to
vote on the committee resolutions.
[18:30]
Chair
B. McLeod: 2026‑27 estimates, vote 73,
Community Safety. Central management and services, subvote (CS01) in the amount
of 48,141,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Saskatchewan Public Safety
Agency, subvote (CS06) in the amount of 138,508,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Saskatchewan Police
Commission, subvote (CS12) in the amount of 3,789,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Custody, supervision and
rehabilitation services, subvote (CS13) in the amount of 268,869,000, is that
agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Policing and community
safety services, subvote (CS15) in the amount of 425,475,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Non-appropriated expense
adjustment in the amount of 9,388,000. Non-appropriated expense adjustments are
non-cash adjustments presented for informational purposes only. No amount is to
be voted.
Community Safety, vote 73 884,782,000.
Okay, I will now ask a member to move the following resolution:
Resolved that there
be granted to His Majesty for the 12 months ending March 31st, 2027, the
following sums for Community Safety: 884,782,000.
MLA Patterson. Is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried.
General Revenue Fund
Chair
B. McLeod: Vote 92, Firearms Secretariat.
Central management and services, subvote (FS01) in the amount of 2,398,000, is
that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Chief Firearms office,
subvote (FS02) in the amount of 2,606,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Saskatchewan Ballistics
Laboratory, subvote (FS03) in the amount of 1,551,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Client services, subvote
(FS04) in the amount of 1,911,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Non-appropriated expense
adjustment in the amount of 947,000. Non-appropriated expense adjustments are
non-cash adjustments presented for informational purposes only. No amount is to
be voted.
Firearms Secretariat, vote 92
8,466,000. I will now ask a member to move the following resolution:
Resolved that there
be granted to His Majesty for the 12 months ending March 31st, 2027, the
following sums for Firearms Secretariat: 8,466,000.
MLA Martens. Is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried.
General Revenue Fund
Subvote (GR01)
Chair
B. McLeod: Vote 30, Government Relations.
Central management and services, subvote (GR01) in the amount of 8,918,000, is
that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Saskatchewan Municipal
Board, subvote (GR06) in the amount of 1,873,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Municipal Relations,
subvote (GR07) in the amount of 669,744,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. First Nations, Mιtis and
Northern Affairs, subvote (GR12) in the amount of 144,019,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Provincial Capital
Commission, subvote (GR14) in the amount of 7,471,000, is that agreed?
Some
Hon. Members: Agreed.
Chair
B. McLeod: Carried. Non-appropriated expense
adjustment in the amount of 100,000. Non-appropriated expense adjustments are
non-cash adjustments presented for informational purposes only. No amount is to
be voted.
Government Relations, vote 30
832,025,000. I will now ask a member to move the following resolution:
Resolved that there
be granted to His Majesty for the 12 months ending March 31st, 2027, the
following sums for Government Relations: 832,025,000.
MLA Brad Crassweller. Is that agreed?
Some Hon.
Members: Agreed.
Chair B.
McLeod: Carried.
Chair B.
McLeod: Vote 3, Justice and Attorney General.
Central management and
services, subvote (JU01) in the amount of 39,435,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Courts and civil justice,
subvote (JU03) in the amount of 54,177,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Legal and policy services,
subvote (JU04) in the amount of 87,151,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Boards, commissions and
independent offices, subvote (JU08) in the amount of 63,372,000, is that
agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Non-appropriated expense
adjustment in the amount of 3,972,000. Non-appropriated expense adjustments are
non-cash adjustments presented for information purposes only. No amount is to
be voted.
Justice
and Attorney General, vote 3 244,135,000. I will now ask a member to move the
following resolution:
Resolved that there be granted to His Majesty for the 12
months ending March 31st, 2027, the following sums for Justice and Attorney
General: 244,135,000.
MLA
Patterson. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
General
Revenue Fund
Chair
B. McLeod:
Vote 27, Parks, Culture and Sport. Central management and services, subvote
(PC01) in the amount of 8,563,000, is that agreed?
Some
Hon. Members:
Agreed.
Chair
B. McLeod:
Carried. Parks, subvote (PC12) in the amount of 33,422,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Resource stewardship,
subvote (PC18) in the amount of 24,598,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Community engagement,
subvote (PC19) in the amount of 50,051,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Non-appropriated expense
adjustment in the amount of 8,077,000. Non-appropriated expense adjustments are
non-cash adjustments presented for informational purposes only. No amount is to
be voted.
Parks,
Culture and Sport, vote 27 116,634,000. I will now ask a member to move the
following resolution:
Resolved that there be granted to His Majesty for the 12
months ending March 31st, 2027, the following sums for Parks, Culture and
Sport: 116,634,000.
MLA
Martens. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
General
Revenue Fund
Chair B. McLeod: Vote 88, Tourism Saskatchewan.
Tourism Saskatchewan, subvote (TR01) in the amount of 19,469,000, is that
agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
Tourism
Saskatchewan, vote 88 19,469,000. I will now ask a member to move the
following resolution:
Resolved that there be granted to His Majesty for the 12
months ending March 31st, 2027, the following sums for Tourism Saskatchewan:
19,469,000.
MLA
Crassweller. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
General
Revenue Fund
Chair B. McLeod: 2025‑26 supplementary
estimates, no. 2. Vote 73, Community Safety. Central management and
services, subvote (CP01) in the amount of 19,000. There is no vote as this is
statutory.
[18:45]
Saskatchewan
Public Safety Agency, subvote (CP06) in the amount of 17,938,000, is that
agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Policing and community
safety services, subvote (CP15) in the amount of 25,984,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Community Safety, vote 73
43,922,000. I will now ask a member to move the following resolution:
Resolved that there be granted to His Majesty for the 12
months ending March 31st, 2026, the following sums for Community Safety:
43,922,000.
MLA
Martens. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
General
Revenue Fund
Supplementary Estimates No. 2
Chair B. McLeod: Vote 3, Justice and Attorney
General. Courts and civil justice, subvote (JU03). This includes a statutory
amount. The amount to be voted is 1,375,000. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Legal and policy services,
subvote (JU04) in the amount of 5,490,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Boards, commissions and
independent offices, subvote (JU08) in the amount of 2,200,000, is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Justice and Attorney
General, vote 3 9,065,000. I will now ask a member to move the following
resolution:
Resolved that there be granted to His Majesty for the 12
months ending March 31st, 2026, the following sums for Justice and Attorney
General: 9,065,000.
MLA
Crassweller. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
General
Revenue Fund
Supplementary Estimates No. 2
Chair B. McLeod: Vote 27, Parks, Culture and Sport.
Central management and services, subvote (PC01) in the amount of 310,000, is
that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Parks, Culture and Sport,
vote 27 310,000. I will now ask a member to move the following resolution:
Resolved that there be granted to His Majesty for the 12
months ending March 31st, 2026, the following sums for Parks, Culture and
Sport: 310,000.
MLA
Crassweller. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried. Committee members, we will
now proceed to vote on the committee report. Committee members, you have before
you a draft of the third report of the Standing Committee on Intergovernmental
Affairs and Justice for the thirtieth legislature. We require a member to move
the following motion:
That the third report of the Standing Committee on
Intergovernmental Affairs and Justice for the thirtieth legislature be adopted
and presented to the Assembly.
MLA
Martens. Is that agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Carried.
That
concludes our business for today. I would ask a member to move a motion of
adjournment.
Megan Patterson: So moved.
Chair B. McLeod: MLA Patterson I heard that has
moved. All agreed?
Some Hon. Members: Agreed.
Chair B. McLeod: Agreed. This committee stands adjourned
to the call of the Chair. Thank you very much, everyone. We did it.
[The
committee adjourned at 18:51.]
Published
under the authority of the Hon. Todd Goudy, Speaker
Disclaimer:
The electronic versions of the Legislative Assemblys
documents are provided on this site for informational purposes only. The Clerk
is responsible for the records of each legislature.